Heavy burden of attorney fees for the losing party in lawsuits

A critical decision recently made by the Council of State has opened the door to a new era in lawsuits filed against payment orders related to traffic fines. From now on, the party that loses these cases will be obligated to pay the fixed attorney fee determined for administrative cases according to the Minimum Attorney Fee Schedule. In the 2026 tariff, this amount has been set at 30 thousand liras for non-hearing proceedings and 40 thousand liras for proceedings with hearings.

In the decision published in the Official Gazette, the 8th Chamber of the Council of State evaluated appeals made against payment orders issued for traffic fines as a type of 'cancellation of an administrative act.' Thus, if the party seeking their rights in court loses, the attorney fee they must pay will be applied as a fixed amount, completely independent of the fine amount.

For example, in an appeal against a 5 thousand lira fine issued for a red light violation, the person or institution that loses the case could be forced to pay an attorney fee between 30 and 40 thousand liras. This situation leaves those who want to file lawsuits against small-amount fines facing a significant financial risk.

THE CASE IN TRABZON FORMED THE BASIS FOR THE DECISION

The file that served as the justification for the decision is based on an incident heard in the Trabzon Administrative Court. After a 2 thousand 167 lira fine was issued to a driver, a payment order was sent, and the driver filed a lawsuit against this action on the grounds that it was unlawful. At the first stage, the court partially cancelled the action and ordered the driver to pay an attorney fee of 2 thousand 492 liras to the administration, applying the rule that the fee to be paid cannot exceed the value of the lawsuit.

The file came to the agenda of the 8th Chamber of the Council of State upon appeal. During the examination there, it was pointed out that the attorney fee was calculated incorrectly, and it was stated that there was an error in the court's decision.

In the high court's decision, it was stated, "In the concrete dispute, the payment order subject to the lawsuit is an administrative act. The fact that the court ruled for the refund of the amount paid along with the payment order does not turn the subject of the lawsuit into a compensation action." Furthermore, it was clearly stated that the dispute should be evaluated as the cancellation of an administrative act and that a fixed attorney fee should be awarded.

SETS A PRECEDENT

The Council of State's decision serves as a guide, meaning it carries the nature of a precedent in lawsuits filed for traffic fines. Thus, in similar cases to be filed from now on, the losing party will have to consider the risk of a hefty attorney fee, even if the fine amount is low.

Experts emphasize that citizens who want to appeal especially low-amount traffic fines should not take action without considering this new practice.